Maryland 2022 Regular Session

Maryland Senate Bill SB484 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0484
6	6
7	7	SENATE BILL 484
8	8	E2 2lr1654
9	9
10	10	By: Senator Cassilly
11	11	Introduced and read first time: January 27, 2022
12	12	Assigned to: Judicial Proceedings
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Criminal Procedure – Right of Appeal – Unlawful Possession of a Firearm 2
19	19
20	20	FOR the purpose of authorizing the State, in a criminal case involving the unlawful 3
21	21	possession of firearms, under certain circumstances, to appeal from a decision of a 4
22	22	trial court that excludes evidence offered by the State or requires the return of 5
23	23	certain property; and generally relating to a right of appeal and firearms. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Courts and Judicial Proceedings 8
27	27	Section 12–302(c) 9
28	28	Annotated Code of Maryland 10
29	29	(2020 Replacement Volume and 2021 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Courts and Judicial Proceedings 14
35	35
36	36	12–302. 15
37	37
38	38	(c) (1) In a criminal case, the State may appeal as provided in this subsection. 16
39	39
40	40	(2) The State may appeal from a final judgment granting a motion to 17
41	41	dismiss or quashing or dismissing any indictment, information, presentment, or 18
42	42	inquisition. 19
43	43
44	44	(3) The State may appeal from a final judgment if the State alleges that 20
45	45	the trial judge: 21
46	46
47	47	(i) Failed to impose the sentence specifically mandated by the Code; 22
48	48	or 23 2 SENATE BILL 484
49	49
50	50
51	51
52	52	(ii) Imposed or modified a sentence in violation of the Maryland 1
53	53	Rules. 2
54	54
55	55	(4) (i) In a case involving a crime of violence as defined in § 14–101 of 3
56	56	the Criminal Law Article, [and] in cases under §§ 5–602 through 5–609 and §§ 5–612 4
57	57	through 5–614 of the Criminal Law Article, AND IN CASES INVOLVI NG A VIOLATION OF 5
58	58	§ 5–133, § 5–205, OR § 5–206 OF THE PUBLIC SAFETY ARTICLE, the State may appeal 6
59	59	from a decision of a trial court that excludes evidence offered by the State or requires the 7
60	60	return of property alleged to have been seized in violation of the Constitution of the United 8
61	61	States, the Maryland Constitution, or the Maryland Declaration of Rights. 9
62	62
63	63	(ii) The appeal shall be made before jeopardy attaches to the 10
64	64	defendant. However, in all cases the appeal shall be taken no more than 15 days after the 11
65	65	decision has been rendered and shall be diligently prosecuted. 12
66	66
67	67	(iii) Before taking the appeal, the State shall certify to the court that 13
68	68	the appeal is not taken for purposes of delay and that the evidence excluded or the property 14
69	69	required to be returned is substantial proof of a material fact in the proceeding. The appeal 15
70	70	shall be heard and the decision rendered within 120 days of the time that the record on 16
71	71	appeal is filed in the appellate court. Otherwise, the decision of the trial court shall be final. 17
72	72
73	73	(iv) Except in a homicide case, if the State appeals on the basis of this 18
74	74	paragraph, and if on final appeal the decision of the trial court is affirmed, the charges 19
75	75	against the defendant shall be dismissed in the case from which the appeal was taken. In 20
76	76	that case, the State may not prosecute the defendant on those specific charges or on any 21
77	77	other related charges arising out of the same incident. 22
78	78
79	79	(v) 1. Except as provided in subsubparagraph 2 of this 23
80	80	subparagraph, pending the prosecution and determination of an appeal taken under this 24
81	81	paragraph or paragraph (2) of this subsection, the defendant shall be released on personal 25
82	82	recognizance bail. If the defendant fails to appear as required by the terms of the 26
83	83	recognizance bail, the trial court shall subject the defendant to the penalties provided in § 27
84	84	5–211 of the Criminal Procedure Article. 28
85	85
86	86	2. A. Pending the prosecution and determination of an 29
87	87	appeal taken under this paragraph or paragraph (2) of this subsection, in a case in which 30
88	88	the defendant is charged with a crime of violence, as defined in § 14–101 of the Criminal 31
89	89	Law Article, the court may release the defendant on any terms and conditions that the 32
90	90	court considers appropriate or may order the defendant remanded to custody pending the 33
91	91	outcome of the appeal. 34
92	92
93	93	B. The determination and enforcement of any terms and 35
94	94	conditions of release shall be in accordance with the provisions of Title 5 of the Criminal 36
95	95	Procedure Article. 37
96	96	SENATE BILL 484 3
97	97
98	98
99	99	(vi) If the State loses the appeal, the jurisdiction shall pay all the 1
100	100	costs related to the appeal, including reasonable attorney’s fees incurred by the defendant 2
101	101	as a result of the appeal. 3
102	102
103	103	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 4
104	104	October 1, 2022. 5